EU and UK Privacy Policy

ExaGrid Systems, Inc. respects your online privacy and recognises the need for appropriate protection and management of any personal or corporate information that you may share with us.

This privacy policy aims to give you information on how ExaGrid Systems, Inc. collects your personal data and what we do with this information.

This website is not intended for children and we do not knowingly collect data relating to children.

Please read our privacy policy carefully in order to learn more about what personal data we collect, and how we use, protect or otherwise handle your personal data.

Controller

The ExaGrid Group is made up of different legal entities, being ExaGrid Systems, Inc., ExaGrid Systems UK Limited (Company Number: 09182335), ExaGrid Systems Ireland Limited (Company Number: 620490) and ExaGrid Systems (Singapore) Pte Ltd. This privacy policy is issued on behalf of the ExaGrid Group so when we mention, “we”, “us” or “our” in this privacy policy, we are referring to the relevant company in the ExaGrid Group responsible for processing your data.

ExaGrid Systems Inc. is ultimately responsible for the processing of your personal data and will be the joint controller, together with the relevant company in the ExaGrid Group with which you have directly engaged with.

If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact us using the details in the Contact Us section below.

Applicability of This Privacy Policy

This privacy policy only applies in relation to our activities within the European Union and the United Kingdom and not otherwise.

Contact Us

Our full contact details are:

USA
Legal Entity: ExaGrid Systems, Inc.
Email Address: GDPRinfo@exagrid.com
Postal Address: 2000 West Park Drive, Westborough, MA 01581, USA
Telephone Number: 800-868-6985

UK
Legal Entity: ExaGrid Systems UK Limited
Email Address: GDPRinfo@exagrid.com
Postal Address: 200 Brook Drive, Green Park, Reading RG2 6UB, UK
Telephone Number: +44-1189-497-052

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to the Privacy Policy and Your Duty to Inform Us of Changes

This version was last updated on 7th of June, 2018.

It is important that the personal data we hold about you is accurate and up to date. Please keep us informed if your personal data changes during your relationship with us.

Third-Party Links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we recommend you read the privacy policy of every website you visit.

What Personal Data Do We Collect from You?

Personal data means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data which includes:

  • Your name, title, date of birth and gender (Identity Data).
  • Your address, email address and telephone number (Contact Data).
  • Your bank account and payment card details (Financial Data).
  • Details about products and services you have purchased from us and payments you have made (Transaction Data).
  • Your IP address, login data, browser type and version, and operating system and platform (Technical Data).
  • Information about how you use our products and services (Profile Data).

We may collect, use and share Aggregated Data such as statistical or usage data for any purpose. Aggregated Data is not considered personal data in law as this data does not directly or indirectly reveal your identity.

We do not collect any special categories of personal data such as data relating to your racial or ethnic origin, political opinions, religious or philosophical beliefs, health or sexual orientation. Nor do we collect any information about criminal convictions or offences.

If You Fail to Provide Personal Data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

How Is Your Personal Data Collected?

We use different methods to collect data from and about you including through:

  • Direct Interactions: You may give us your Identity, Contact and Financial Data by completing forms on our website, or by corresponding with us by email, phone or post. This includes personal data you provide when you: apply for a product or service; subscribe to our service; request a price quote or marketing information, and provide feedback.
  • Automated technologies or interactions: As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.

How Do We Use Your Personal Data and the Lawful Basis for Our Use?

We will only use your personal data when we have a lawful basis for doing so. We have explained below each lawful basis for using your personal data, and the purposes for which we use your personal data.

  • Performance of a contract: We need to use your personal information, such as Identity Data, Contact Data and Financial Data for the purposes of performing a contract you have entered into with us. For example, to process monthly/annual subscription payments; to set up new Client Users and provide support services.
  • Necessary for our legitimate interests: We use your personal data for ongoing business purposes, for example we may use your Identity, Contact, Usage and Technical Data to understand our customers, develop our products and services and recommend appropriate services.
  • Compliance with a legal obligation: We use your Identity, Contact and Marketing and Communications Data to comply with various legal obligations including ensuring that you do not receive marketing communications from us in circumstances where you have advised us that you do not wish to receive those communications.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email. You have the right to withdraw consent to marketing at any time by contacting us using the details set out in our Contact Us section above.

In addition, if you would like further information about the specific lawful basis we rely on when using your personal data please contact us using the details set out in the Contact Us section above.

Marketing

We aim to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. As part of our ongoing marketing activity, we may use your personal data in the following ways:

  • Promotions: We may use your Identity, Contact, Usage and Profile Data to form a view on what we think you may want, need or may be of interest to you. We do this in order to provide you with the most relevant products and services. You will receive marketing communications from us if you have requested information from us, purchased products from us, or if you have provided us with your details in order to receive marketing promotions and in each case you have not opted out of receiving marketing communications from us.
  • Third-party marketing: We will get your express opt-in consent before we share your personal data with any company outside the ExaGrid Group of companies for marketing purposes.
  • Cookies: You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.
  • Opting out: You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing messages sent to you. In addition, you can contact us at any time using the details provided in the Contact Us section. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase or experience or any other transactions.

Disclosure of Data

As part of fulfilling our contractual obligations we may have to share your personal data with the following parties:

Internal Third Parties: Other companies in the ExaGrid Group who are based in the US, EU and Singapore acting as joint controllers for the purposes of carrying out the Group services, administrative purposes and for leadership reporting.

External Third Parties: This includes service providers acting as processers; professional advisers acting as processors or joint controllers such as lawyers, auditors and insurers.

In addition, we may share your personal data with third parties to whom we may choose to sell or transfer, or with whom we may choose to merge. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

International Data Transfers

We share your personal data within the ExaGrid Group which involves transferring your data outside the European Economic Area (EEA).

Whenever we transfer your personal data outside the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
  • We may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.

If you require any further information on the specific mechanism used by us when transferring your personal data out of the EEA, please contact us using the details provided in the Contact Us section above.

Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only have access to your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Data Retention

We will only retain your personal data for as long as is necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

We have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for ten years after they cease being customers for legal and regulatory purposes.

In some circumstances you can ask us to delete your personal data. Please see further information within Your Legal Rights section below.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

EU Data Protection Legislation: Your Legal Rights

Under EU data protection laws, you have the following rights in relation to your personal data:

  • Right to request access to your personal data
    This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • Right to request correction or personal data that we hold about you
    This enables you to have corrected the personal data we hold if it is incorrect. Please note, we may need to verify the accuracy of the new details you provide to us.
  • Right to request erasure of your personal data
    This enables you to ask us to delete personal data where there is no good reason for us continuing to process it. This may also apply where you have successfully exercised your right to object to processing (see below), where we may have processed your data unlawfully or where we are required to delete your personal data to comply with local law. Please note, however, that we may not always be able to comply with your request for erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • Right to object to processing based on certain grounds
    This enables you to object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your personal situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process our information which override your rights and freedoms.
  • Right to withdraw consent
    This enables you to withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
  • Right to transfer data
    This enables you to request the transfer of your personal data to you or a third party. We will transfer the data in a structured, commonly used, machine readable format. This right applies only in respect to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Where you are exercising any of the above rights please note the following:

Fee: You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

Further Information: We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of the other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Response Time: We try to respond to all legitimate requests within one month but it may take longer if your request is particularly complex or you have made a number of requests. In this case we will notify you and keep you updated.

If you wish to exercise any of the above rights, please contact us using the details provided in the Contact Us section above.